The Weekly Law Reports
[2019] 2 WLR 655
Court of Appeal
The Law Debenture Trust Corpn plc
v
Ukraine
[2018] EWCA Civ 2026
2018 Jan 22–
26;
Sept 14
Sept 14
Sales, David Richards LJJ, Dame Elizabeth Gloster
International law— Exercise of sovereign authority— Contract— Russian Federation acquiring entire issuance of transferable Eurobond notes issued by Ukraine— Trustee at Russia’s request bringing claim against Ukraine for final repayment amount and applying for summary judgment— Whether Ukraine having capacity to issue notes— Whether Ukrainian Minister of Finance having ostensible authority to agree to issue of notes— Whether Ukraine’s defence of duress justiciable— Whether implied term that Russia would not prevent performance by Ukraine of obligations under notes— Whether summary judgment to be granted